Robert Robertson purchased a used Boeing 747 Jumbo-Jet from Asterial Aeroplanes, Inc. Robert was an up and coming pilot and wanted to make his first intercontinental flight a memorable one. Robert negotiated with Asterial for months over the final purchase price of the 747, and ultimately agreed upon a price of $750,000.00, slightly below market-value for that particular model. The final sales contract contained the following language in bold, italicized, and underlined type-font on a separate page titled Warranty, "This is a sale for a used Boeing 747 Jumbo-Jet and Asterial Aeroplanes, Inc. makes no representation of warranty as to the fitness of the Boeing 747 Jumbo-Jet for any purpose and this sale is made as is." Robert, extremely excited about his recent acquisition and the prospect of being able to make an intercontinental flight, decided not to tell his wife and children about the details of his purchase. However, Robert did tell his family that he had an amazing surprise for them. The next month, Robert loaded his family into the 747 and they took off for what was to be a memorable journey. After obtaining clearance from the airfield in McMurdo Station, Antarctica, Robert began the decent for landing. Upon the decent, and much to Robert's surprise, the landing gear did not engage. Robert was forced to display his exceptional piloting skills and land the 747 on its belly at the McMurdo Station airfield. The landing was bumpy to say the least and Robert's wife suffered two broken legs and a broken collarbone. Robert's son suffered a concussion and broken arm, while his daughter walked away unscathed. Robert, upon returning home to GreatLuck, Kentucky, filed suit against Asterial Aeroplanes, Inc. claiming they breached the implied warranty of merchantability and sought damages in the form of medical expenses and pain and suffering stemming from his family's injuries.

ISSUE:

Asterial Aeroplanes, Inc. alleges that it has no liability to Robert nor his family.

QUESTIONS:

Ignoring Jurisdictional issues and standing requirements:

Is Asterial Aeroplanes, Inc. in breach of the implied warranty of merchantability, why or why not?